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CLISTA U. SEGARRA v. STATE OF MISSISSIPPI

APRIL 13, 1983

CLISTA U. SEGARRA
v.
STATE OF MISSISSIPPI



BEFORE BROOM, PRATHER AND ROBERTSON

ROBERTSON, JUSTICE, FOR THE COURT:

I.

Clista U. Segarra brings this appeal from the Circuit Court's denial of habeas corpus relief. She argues that time spent out of prison while on parole should count as time served toward completion of her original sentence. This should be so, she says, even though her parole was lawfully revoked before completion of its term and she was recommitted to the Mississippi State Penitentiary (MSP).

 The Circuit Court held that the time Segarra spent on parole should not be considered to diminish the time she must serve on her original sentence. Rather, release on parole tolled her sentenced service of which she resumed upon revocation. The Circuit Court accordingly denied relief. We affirm.

 II.

 On September 19, 1978, Clista U. Segarra was convicted in the Circuit Court of Lincoln County, Mississippi of the crime of burglary of a dwelling. Miss. Code Ann. (1972) 97-17-19. On the same date she was sentenced to serve a term of three years in MSP and within the custody of the Mississippi Department of Corrections (MDC).

 On August 30, 1979, Segarra was released on parole. While on parole Segarra was subject to the control and supervision of the Mississippi State Parole Board. Just over 14 months later, on November 7, 1980, Segarra was arrested in Pike County on an unrelated criminal charge of burglary of an automobile. Miss. Code Ann. (1972) 97-17-33. Her parole was in due course revoked and she was returned to MSP. *fn1 She was advised that she was required by law to commence service of the almost 26 months remaining on her original three year sentence.

 On May 18 , 1982, Segarra brought the instant habeas corpus proceedings in the Circuit Court of Sunflower County, Mississippi. In her petition, Segarra charged that she should be given credit for the period from August 30, 1979, until November 7, 1980, on her first three year burglary sentence. Under her interpretation, that sentence expired on September 19, 1981, and all time served after that date must be credited toward her second three year sentence.

 Upon consideration of the matter, the Circuit Court held that Segarra was entitled to no relief. The Court stated

 "The law provides that time spent on parole, if revoked, shall not be taken into account to diminish the time for which the offender was originally sentenced, Section 47-7-27, Mississippi Code of 1972, as amended. Consequently, Petitioner may not be given credit for time on parole against time otherwise unserved on her sentence."

 Segarra's habeas corpus petition, accordingly, was dismissed. This appeal has followed.

 III.

 The Courts of this state are available to one incarcerated at the Mississippi State Penitentiary raising questions such as that presented here regarding the term or duration of his or her confinement. See, e.g., Watts v. Lucas, 394 So. 2d 903 (Miss. 1981); Hill v. State, 388 So. 2d 143, 146 (Miss. 1980); Davis v. State,

 ___ So. 2d ___ (Miss. No. 54,115 decided April 6, 1983, not yet reported). Rule 8.07 of the Uniform Criminal Rules of Circuit Court Practice provides a procedure which may be invoked by prisoners seeking such relief. Segarra has employed a procedural device available to her. Having been denied relief in the Circuit Court, she has timely and properly perfected her appeal to this Court.

 IV ...


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